ACIT, NEW DELHI vs. M/S LASER SEIGHT (INDIA) PVT. LTD., NEW DELHI

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ITA 4462/DEL/2015Status: DisposedITAT Delhi31 July 2018AY 2002-033 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the CBDT's circular is binding on the Income-tax authorities. Therefore, the appeal filed by the Revenue was not maintainable as the tax effect was less than the prescribed monetary limit.

What were the facts?

The Revenue filed an appeal before the ITAT. The tax effect in the appeal was below Rs. 20 lakhs. The CBDT had issued a circular stating that appeals with a tax effect below this limit should not be filed.

What were the issues?

Whether an appeal filed by the Revenue before the ITAT is maintainable when the tax effect is below the monetary limit prescribed by the CBDT circular.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “A”: NEW DELHI

Before: SHRI AMIT SHUKLA & SHRI O.P. KANT

For Respondent: Shri Ravi Kant Gupta, Sr. DR
Hearing: 31/07/2018Pronounced: 31/07/2018

O R D E R PER AMIT SHUKLA, J.M.

This is an appeal filed by the Revenue directed against the order of Ld. Commissioner of Income Tax (Appeals)-V, New Delhi dated 23.4.2015 pertaining to the assessment year 2002-03.

2.

At the outset of the hearing itself, the ld. DR brought to our attention that CBDT vide Circular No.03/2018 dated 11th July 2018 has decided that the revenue would not prefer an appeal before the Tribunal if the tax effect is less than Rs.20 lakhs. Therefore, he pleaded that the appeal of the revenue be decided as per the instruction of the CBDT. Ld AR also reiterated same facts.

3.

We have heard both the sides on the issue and perused the material. We find that the CBDT vide circular dated 11th July 2018 has revised the monetary limit for filing the appeal by the department before Income Tax Appellate Tribunal, Hon’ble High Courts and Hon’ble Supreme Court. The relevant para of the aforesaid circular is reproduced as under :-

“Henceforth, appeals/ SLPs shall not be filed in cases where the tax effect does not exceed the monetary limits given hereunder: S. No Appeals in Income-tax Monetary Limit (in matter Rs) 1 Before Appellate Tribunal 20,00,000/- 2 Before High Court 50,00,000/- 3 Before Supreme Court 1,00,00,000/-

It is clarified that an appeal should not be filed merely because the tax effect in a case exceeds the monetary limits prescribed above. Filing of appeal in such cases is to be decided on merits of the case.”

4.

We find that the tax effect involves in the appeal of the Revenue is below Rs.20 lakhs. There is no dispute that the Board’s instructions or directions issued to the Income-tax authorities are binding on those authorities, therefore, the Department should have withdrawn/not pressed the present appeal in view of the aforesaid instruction since the tax effect in the instant appeal is less than the amount of Rs.20 lakhs.

5.

In view of the above, Circular No.3/2018 dated 10.07.2018 will apply to all pending appeals. Therefore the precedent, it is held that the appeal is not maintainable in the instant case as the tax effect is less than Rs.20 lakhs. Accordingly, it is held that appeal filed by the revenue is not maintainable.

6.

In the result, appeals filed by the department is dismissed.

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